WIRE FRAUD ALERT THINK DIFFERENTLY
Email-based, real estate fraud schemes are on the rise. One common scenario is altering wiring instructions with the intention of rerouting funds.
Keeping this in mind, First American Title is changing the way we receive payment information. It is imperative that we are familiar with the people in our transactions.
RELYING ON EMAIL ALONE IS NO LONGER AN OPTION.
Fraudsters often use email to send falsified wire instructions to unsuspecting victims. Please warn your buyers and sellers to only follow wire instructions they receive personally from First American Title.
Additionally, we will not accept disbursement instructions for seller or buyer funds via email OR from any third party (attorney, real estate agent, etc).
ALTERNATIVE INSTRUCTIONS?
If your buyer or seller receives alternative wiring instructions that appear to be from First American Title, make sure they contact their escrow officer at a trusted phone number for confirmation.
Know that our wiring instructions do not change so any communication is suspect. Our banking institution is First American Trust.
IN SHORT – wire instructions will not be accepted by email. New wire instructions must be hand-carried or uploaded to the First American Secure Portal.
Thank you for joining First American Title in fostering a secure real estate transaction process. Have questions or concerns? Please contact our office or your escrow officer.
LIMITATION OF LIABILITY FOR INFORMATIONAL REPORTS
IMPORTANT -- PLEASE READ CAREFULLY:
This report is not an insured product or service or a representation of the condition of title to real property. It is not an abstract, legal opinion, opinion of title, title insurance commitment or preliminary report, or any form of Title Insurance or Guaranty. This report is issued exclusively for the benefit of the Applicant therefor and may not be used or relied upon by any other person. This report may not be reproduced in any manner without First Americans prior written consent. First American does not represent or warrant that the information herein is complete or free from error, and the information herein is provided without any warranties of any kind, as-is, and with all faults. As a material part of the consideration given in exchange for the issuance of this report, recipient agrees that First Americans sole liability for any loss or damage caused by an error or omission due to inaccurate information or negligence in preparing this report shall be limited to the fee charged for the report. Recipient accepts this report with this limitation and agrees that First American would not have issued this report but for the limitation of liability described above. First American makes no representation or warranty as to the legality or propriety of recipient's use of the information herein.
DECLARATION OF RESTRICTIONS FOR SHAMROCK MANOR SUBDIAISION
PIMA COUNTY, ARIZONA
1ots 1 through 121, inclusive, except L.ots 51, 85 and 102
KNOW ALL MEN BY THESE PRESENTS:
That 7. A, KELLEY and MARGARET G. KELLEY, husband and wife, owners of Shamrock Manor Subdivision, l.ots 1 through 121 inclusive, except Lots 51, 85 and 102 thereof, according to the map or plat thereof of record in the office of the County Recot der of Pima County, Arizona, in Boek 23 of Maps and Plats at Page 5 thareof, hereinafter referred to an Developers, hereby certify and declare tha: they have established and do hereby estabush a general plan for the improvement of said property and do hereby establch the provisions, conditions, restrictions, covennts and charges upon, and subjeet to which all Lots and portions of Lots 1 said property shall te improved or sold and conveyed by them as Owners, each and all of which is and are for the benefit of each owner of land in said property or interest therein and shall inure to eup pass with each and every parec of said property and apply to and bind the vespective successors in interest of he peesent owners th:ceuf; and said pravisionsconditions, restrictions, covenants and charges are, and each thereof is, imposed upon the said property as a servivnde in favor of each and every parcel uf land therein as the dominant tenement or tenements as follows, to-wit:
1. These restrictions shall apply to Lots 1 through 50, both inclusive; Lots 52 through 84, both inclusive; Lots 86 through 101, both inclusive; Lots 103 through 121, both inclusive, all in Shamrock Manor Subdivision, Pima County, Arizona.
2. All the said Lots in said Subdivision shall be used exclusively for mebile lome residential purpose .
LTA 131, 717
3. All mobile homes shall be a minimun of 500 square feet.
4. All mobile homes shall he equipped with floor to ground skirting of good quality, neatly installed, not later toati 120 days from the time of installing mobile home on Lot.
5. Not more than one (1) mchile home shall he placed on each Lot,
6. The Developers plan of mobile bome placement is designed with a view to an aesthetie placement of homes upon lots to provide the maximum in space botween wobile homes on adjacent lots. Mobile homes shall b placed upon the lots in the subdivision, subjcet to these restrictions, at the locations which will be designated to each lot owner by Developers or their agents, ani once so lesignated, may not be placed in a different location or position on the lot, Each mobile home or other structure will have a vinimum 30 foot front yard sethack from the front lot line, and have a minimam 10 foot side yard from each side lot line.
7. The Developers or their agents reserve the exclusive right to permit the placement of travel trailers, campers and boats, for storage only and not as living quarters, upon lots in the Subdivision only at such spot as the Developers or their agents shall designate.
8. A minimum of two (2) off-street parking spaces shall be provided for each lot, If the occupants reulariy operate more than two vehieles, one additional parking space shall be prov d for cach such vehicle more than two with the Developers reserving the exelusive right to approve the location of said parking spaces and the placement of vehicles thereon.
9. Owner or owners of a lot or lots desiring to construct improvements, such as utility or storage reom or adjoining cabanas, fences, walls, or carporis, may do so, provided, however, that coinplete plans and specifications for such improvements shall te submitted to the Developers or their agents, and said improvements shall rot be erected upon said lot or lots vithout the written approval of same, and shall be completed within 90 days of approval.
10. Washers, dryers, freezers, bieycles, tools, equipment, and ete. must be kept inside moblle home, cabana, carport, storage room or fenced area.
11. All drying wash oust be hang in the rear area of lot.
12, None of said lots shall be resubdivided into smaller tots nor conveyed or encumbered in lest theo the full original dimension of such lot.
13. No lot or part o. tot in said subdivision shall be re-graded without written consent of the Developers.
14. No aninals shall be kept on any of the lots in said Subdivision except household pets such as dogs, cats ar caged bird, and not more than two of such household pets shall be kept by any one lot owner and they shall be kept in a fenced ares or on a leash at ail times, The definition of houschold pets herein shall exclude livestock, horses, cows, poultry, rabbits, rodents or any other animals, birds, fowl or rephe, the detinition herein being restricted solely to dogs, cats and cagid hirds.
15. No business of any kind shall be operated from or permitted on any lot or lots in said Subdivision subjeet to these restrictions except that Developers or their agents reserve to themselves the right to use any lot or lots in said Subdivisien as a sales office for selling lots and mobile homes in or to be used said Subdivision. No hillboards or signs of any character shall be erected, placed, maintained, displayed or permitted on the property other than one in nonelectric sign not to excedd 12" x 18" in size and which is relative to the sale or rental of the property; provided, however, this paragraph shall not apply to the initial development and sale of the property by the Developers or their designated agent.
16. No vehicles may be stored or kept on any of said lots which are not in operating condition. In other words, no junker automobiles or vehicles without all four wheels un and in current operating condition may be kept or any lot or portion thereof, whether licensed or not, No commercial vehicle, except pickups up to 3/4 Ton, construction or like equipment shall be permitted on any lot in the
All lots shall he kept elean and Subdivision, subjeet to these restrictions. cleared of all refuse, trash, garbage and weeds. In the event that the owner of any lot in said Subdivision, subjeet to these resttetlo.s, shall neggleet to so maintain such lot or lots, the Developers or thoir designated agent may ente. upon such lots and remove all trash, tefuse, garlage and weeds, and charge the owner or owners of such lot or lots the cost incurred therchy which sum shall be reimbursed to said Developers by such owwr or owrers within ten (10) days after notice thercof, and said Developers shall have a lien against said land for all cherges Incurred, together with interest af the rate of 10 percent per anmun thereon if the same is not paid by the expiration of the ten day notice period,
17. No noxious or offensive trade or activity shall be carried on, nor shall anything be done thereon which may be a uisatee to the neighborhx .
18. All garbage must be held in sanitary containers at the rear of the property.
19, These restrictions, conditions and covenants shall run with the land and continue and remain in full force and effeet ointil January 1, 2000, at which time they shall be automatically extended for a period of ten years, and thereafter in successive ten ycar periods, unless on o hefore January 1, 2000, or on or before the end of one of such extension periods, the owners of a majority in number of ots or parcels of the property shall, by written Instrument duly recorded, change the applicable covenants in whole or in part ar derlare the ternination of the Declaration.
20. The Developers and their successors and assigns reserve the right to amend, alter and change these restrictions at any time herelnafter, whenever, in the opinion of the Developers, it will enharce the value or improve Shamrock Manor, by filing an Amended Declaration of Restrictions.
21. All provisions, conditions, restrictions and covenants of this Delaration shall be binding ou all lots and parcels of property and the owners thereof regardless of the source of title of such owners and any breach thereof, which shall continue for more than thirty (30) days arter notice in writing to the
owners that such breach has oecurred, shall cause that parcel upon which said breach vccurs to revert to the Developers, their suceessors or assipns, whe shall have the right to immediutely re-enter upon such property or may bring action to foreclose the reversionary rights and obtain a writ of possession. Any breach of these provisions, restrietions, conditions and covenants may be enjoined, abated or remedied by appropriate procecdiugs by the owner of the reversionary right or by any owner of other lots in said Subdivision subjeet to these reatrictions, but by no other person, tp any such action, if the relief petitioned for he granted, the Court shall award to the Plaintiff his reasonable expenses incurred thercin ineluding, but not lismited to, reasonable attornrney's fees; provided, however, that amy violation of these provisions, conditions, re. strietiens or covenants shall not defeat or render invalid the lien of any mortgage, contract for sale or doed of trust made in goord faith as to any portion of the property but such provizions, conditions, restrictions and covenants shall be enforeeable against any property acquired by any person through foreclosure or by deed in lieu of foreclosure, judicial sale, termimtion of contraet, frustee's sale or otherwise for any vtozation occarring or continuing after the acqui sition of the property in any such'anngr,
22. No delay or omission on the pa t of the Developers, their successors or assigns in exercising any right. power or remedy provided for in this Declaration shall be construed as a waiver thereof. No right et actions shall acerue nor shall any atficcr be brought or maintained by anyone whomsoever against the Developers for or on aceount of the failure or neglect of the Developers to exercise any right, power or remedy nor for imposing provisions, conditions, restrictions or covenants which may be unenforceable.
23. In the event that any one or more of the provisions, conditions, restrictions or covenants herein set forth shall be held by any Court of competent jurisdiction to be null and oid or unenforceable, all! emaining provisions, conditions, restrictions and covenants herein set forth shall continue unimpaired in foll force and effect.
24. All of the rights, obligations and conditions which run with the -5-
covena ita hereit set forth shall be binding upon and inure to the benefit of the heirs, hxecutors, administrators, successors and assigns of any of the parties affeetad herehy.
Dated this % day of January, 1974.
T. A. KELLEY
MARGARET G. KELI)Y
STATE OF ARIZONA )
COUNTY OF PIMA 1 38.
This instrument was ackuowledged belore me by T. A, KELLEY and MARGARET G. KELLEY, hushand and wife, this day of January, 1974.
Barter
Notary Public
My commission expires:
DECLARATION OF RESTRICTIONS FOR SHAMROCK MANOR SUBDIVISION
PIMA COUNTY, ARIZONA
Lots 1 through 121, inclusive, except Lots 51, 85 and 102
KNOW ALL MEN BY THESE PRESENTS:
That T. A. KELLEY and MARGARET G. KELLEY, husband and wife, owners of Shamrock Manor Subdivision, Lots 1 through 121 inclusive, except Lois 51, 85 and 102 thereof, according to the map or plat thereof of record in the office of the County Recorder of Pima County, Arizona, in Book 23 of Maps and Plats at Page 5 thereof, hereinafter referred to as Developers, hereby certily and declare that they have established and do hereby establish a general pian for the improvement oi said property and do hereby establish the provisions, conditions, restrictions, covenants and charges upon, and subject to which all Lois and portions of Lots in said property shall be improved or sold and conveyed by them as Owners, each and all of which is and are for the benefit of each owner of land in said property or interest therein and shall inure to and pass with each and every parcel of said property and apply to and bind the respective successors in interest of the present owners thereof; and said provisions, conditions, restrictions, covenants and charges are, and each thereof is, inposed upon the said property as a servitude in favor of each and every parcel of land therein as the dominant tenement or tenements as follows, to-wit:
1. These restrictions shall apply to Lots 1 through 50, both inclusive; Lois 52 through 84, both inclusive; Lots 86 through 101, both inclusive; Lots 103 througn 121, both inclusive, all in Shamrock Manor Subdivision, Pima County, Arizona.
2. All the said Lots in said Subdivision shall be used exclusively for mobile home residential purposes.
4684 20 LTA 131, 717
3. All mobile homes shall be a minimum of 500 square feet.
4. All mobile homes shall be equipped with floor to ground skirting of good quality, neatly installed, not later than 120 days from the time of installing mobile home on Lot.
5. Not more than one (1) mobile home shall be placed on each Lot.
6. The Developers plan of mobile home placement is designed with a view to an aesthetic placement of homes upon lots to provide the maximum in space between mobile homes on adjacent lots. Mobile homes shall be placed upon the lots in the subdivision, subject to these restrictions, at the locations which will be designated to each lot owner by Developers or their agents, and once so designated, may not be placed in a different location or position on the lot. Each mobile home or other structure will have a minimum 30 foot front yard setback from the front lot line, and have a minimum 10 foot side yard from each side lot line.
7. The Developers or their agents reserve the exclusive right to permit the placement of travel trailers, campers and boats, for storage only and not as living quarters, upon lots in the Subdivision only at such spot as the Developers or their agents shall designate.
8. A minimum of two (2) off-street parking spaces shall be provided for each lot. If the occupants regularly operate more than two vehicles, one additicnai parking space shall be provided for each such vehicle more than two with the Developers reserving the exclusive right to approve the location of said parking spaces and the placement of vehicles thereon.
9. Owner or owners of a lot or lots desiring to construct improvements, such as utility or storage room or adjoining cabanas, fences, walls, or carports, may do so, provided, however, that complete plans and specifications for such improvements shall be submitted to the Developers or their agents, and said improvements shall not be erected upon said lot or lots without the written approv of same, and shall be completed within 90 days of approval. -2803K S84
10. Washers, dryers, freezers, bicycles, tools, equipment, and etc. must be kept inside mobile home, cabana, carport, storage room or fenced area.
11. All drying wash must be hung in the rear area of lot.
12. None of said lots shall be resubdivided into smaller lots nor conveyed or encumbered in less than the full original dimension of such lot.
13. No lot or part of lot in said subdivision shall be re-graded without written consent of the Developers.
14. No animals shall be kept on any of the lots in said Subdivision except household pets such as dogs, cats or caged bird, and not more than two of such household pets shall be kept by any one lot owner and they shall be kept in a fenced area or on a leash at all times. The definition of household pets herein shall exclude livestock, horses, cows, poultry, rabbits, rodents or any other animals, birds, fowl or reptile, the definition herein being restricted solely to dogs, cats and caged birds.
15. No business of any kind shall be operated from or permitted on any lot or lots in said Subdivision subject to these restrictions except that Developers or their agents reserve to themselves the right to use any lot or lots in said Subdivision as a sales office for selling lots and mobile homes in or to be used in said Subdivision. No billooards or signs of any character shall be erected, placed, maintained, displayed or permitted on the property other than one nonelectric sign not to exceed 12" x 18" in size and which is relative to the sale or rental of the property; provided, however, this paragraph shall not apply to the initial development and sale of the property by the Developers or their designated agem. in
16. No vehicles may be stored or kept on any of said lots which are not operating condition. In other words, no junker automobiles or vehicles without ail four wheels on and in current operating condition may be kept on any lot or portion thereof, whether licensed or not. No commercial vehicle, except pickups to 3/4 Ton, construction or like equipment shall be permitted on any lot in the up
Subdivision, subject to these restrictions. All lots shall be kept clean and cleared of all re use, trash, garbage and weeds. In the event that the owner of any lot in said Subdivision, subject to these restrictions, shall neglect to so maintain such lot or lots, the Developers or their designated agent may enter upon such lots and remove all trash, refuse, garbage and weeds, and charge the owner or owners of such lot or lots the cost incurred thereby which sum shall be reimbursed to said Developers by such owner or owners within ten (10) days after notice thereof, and said Developers shall have a lien against said land for all charges incurred, together with interest at the rate of 10 percent per annum thereon if the same is not paid by the expiration of the ten day notice period.
17. No noxious or offensive trade or activity shall be carried on, nor shall anything be done thereon which may be a nuisance to the neighborhood.
18. All garbage must be held in sanitary containers at the rear of the property.
19. These restrictions, conditions and covenants shall run with the land and continue and remain in full force and effect until January 1, 2000, at which time they shall be automatically extended for a period of ten years, and thereafter in successive ten year periods, unless on or before January 1, 2000, or on or before the end of one of such extension periods, the owners of a majority in number of lots or parcels of the property shall, by written instrument duly recorded, change the applicable covenants in whole or in part or declare the termination of the Declaration.
20. The Developers and their successors and assigns reserve the right to amend, alter and change these restrictions at any time hereinafter, whenever, in the opinion of the Developers, it will enhance the value or improve Shamrock Manor, by filing an Amended Declaration of Restrictions.
21. All provisions, conditions, restrictions and covenants of this Declaration shall be binding on all lots and parcels of property and the owners thereof regardless of the source of title of such owners and any breach thereof, which shall continue for more than thirty (30) days after notice in writing to the
owners that such breach has occurred, shall cause that parcel upon which said breach occurs to revert to the Developers, their successors or assigns, who shali have the right to immediately re-enter upon such property or may bring action to foreclose the reversionary rights and obtain a writ of possession. Any. breach of these provisions, restrictions, conditions and covenants may be enjoined, abated or remedied by appropríate proceedings by the owner of the reversionary right or by any owner of other lots in said Subdivision subject to these restrictions, but by no other person. In any such action, if the relier petitioned for be granted, the Court shall award to the Plaintiff his reasonable expenses incurred therein including, but not limited to, reasonable attorney's fees; provided, however, that any violation of these provisions, conditions, restrictions or covenants shall not defeat or render invalid the lien of any mortgage, contract for sale or deed of trust made in good faith as to any portion of the property but such provisions, conditions, restrictions and covenants shall be enforceable against any property acquired by any person through foreclosure or by deed in lieu of foreclosure, judicial sale, termination of contract, trustee's sale or otherwise for any violation occurring or continuing after the acquisition of.the property in any such manner.
22. No delay or omission on the part of the. Developers, their successors or assigns in exercising any right, power or remedy provided for in this Declaration shall be construed as a waiver thereof. No right of actions shall accrue nor shall any action be brought or maintained by anyone whomsoever against the Developers for or on account of the failure or neglect of the Developers to exercise any right, power or remedy nor for imposing provisions, conditions, restrictions or covenants which may be unenforceable.
23. In the event that any one or more of the provisions, conditions, restrictions or covenants herein set forth shall be held by any Court of competent jurisdiction to be null and void or unenforceable, all remaining provisions, conditions, restrictions and covenants herein set forth shall continue unimpaired in full force and effect.
24. All of the rights, obligations and conditions which run with the
covenants herein set forth shall be binding upen and inure to the benefit of the heirs, executors, administrators, successors and assigns of any of the partics affected hereby.
Dated this iday of January, 1974.
7. Nelly T. A. KELLEY
MARGARET G. KELLE
STATE OF ARIZONA ) ss. COUNTY OF PIMA
This instrument was acknowledged before me by T. A. KELLEY and
MARGARET G. KELLEY, husband and wife, this. /-l day of January, 1974.
Notary Public"
My commission expires: